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STATUS OF WOMEN
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Husband | |||||||||||||||||||||
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Fathers (Includes Grandparents as well).
| The Fathers of their husbands.
| Their sons.
| The sons of their husbands.
| Their brothers.
| Their brother's sons.
| Their sister's sons`.
| Their women.
| Those whom their right hands posses. (i.e. those who were freed from some tyrannical rule and are now under the care and guardianship of believing men and women)
| Those under their authority other than skillful men.
| Small children who are not aware of women's nakedness. |
HOW ARE BELIEVING WOMEN TO BEHAVE WITH UN RELATED MEN ?
In talking with un related men or strangers the believing women are
informed about the type of behavior they should maintain. Allah informs us
through the Nabi:
"O Women of the Nabi! You are not like any other of the women; If you will be on your guard, then be not soft in (your) speech, lest he in whose heart is a disease yearn; and speak a recognized utterance." (33:32)
With unrelated men, a woman may engage in a conversation but it should be within the limits ordained by the divine code and should not be directed as complacent speech.
CONFINEMENT
Contrary to the claim of traditionalists, who maintain that a woman should
be confined within the boundaries of her house, the Qur’an states that
the confinement of women within the four walls of the house is a
punishment for lewdness and obscenity. In other words, they might not have
fornicated, but outwardly acted in a way or enticed men which might lead
to illegal sexual acts. This is said in the following verse:
"And as for those who are guilty of an indecency from among your women, call to witnesses against them four (witnesses) from among you; then if they bear witness confine them to the houses until death takes them away or Allah opens some way for them." (4:15)
Quite often the reason for confinement is justified by misinterpreting a verse in Sura Al-Ahzaab. However this verse which is misinterpreted to justify the confinement of women within the boundaries of their homes, contains the Arabic word "qarna", which simply means ‘to be joined or linked, or connected with something or someone’, and plainly refers to the injunction for women in general and the wives of the Nabi in particular, to maintain a link and connection with their homes and familes, such that they do not become neglectful of their domestic responsibilities and does not justify the practice of confinement.
"And be linked with your houses and do not display your finery like the displaying of the ignorance of yore; and establish Salat, and give Zakat, and obey Allah and His Messenger. Allah only desires to keep away the uncleanness from you, O people of the House! and to purify you a (thorough) purifying." (33:33)
Thus according to the Holy Qur’an, confinement is not the norm for women, but a punishment for certain offences. A woman may engage in activities outside of the house, but she has to maintain a link with her home and family and should not be neglectful of the responsibilities laid down for her by the divine code.
"NIQAB" NOT MANDATORY
While identifying the parts of a woman’s body which should be covered,
the Qur’an also gives us evidence to refute the claim of those who
associate "Niqab" (Veils, 'Ninja style' face covers) as an
ingredient of a women’s dress code ordained by Allah.
THE EXAMPLE OF MARY
Mary the mother of Jesus (p) is mentioned in the Qur'an as the woman
chosen and purified above all the women of all the worlds.
"And when the angels said: O Mary! surely Allah has chosen you and purified you and chosen you above the women of all the worlds." (3:42)
She has been called as an example for the believers and her conduct is called to exemplify:
"And Allah sets forth an example to those who believe . . . Mary, the daughter of Imran, who guarded her chastity, so We breathed into her of Our inspiration and she accepted the truth of the words of her Sustainer and His books, and she was of, the obedient ones. (66:11-12)
In observing her behavior mentioned in the Qur'an, we see that as she appears from seclusion with young Jesus, her people recognized her. Now had she been wearing a "Niqab" to cover her face, her people would not have identified her immediately as she had appeared from seclusion. This informs us that she was not covering her face i.e. not wearing a "Niqab", as mentioned in the following verses:
"And she came to her people with him, carrying him (with her). They (having recognized her) said: ‘O Mary! surely you have done a strange thing. O sister of Haroon! your father was not a bad man, nor, was your mother an unchaste woman.’ But she pointed to him. They said: ‘How should we speak to one who was a child in the cradle?’ He (Jesus) said: ‘Surely I am a servant of Allah; He has given me the Book and made me a prophet." (19:27-30)
Mary's recognition by her people indicates that she was not wearing a "Niqab" to protect her face from being seen.
In the Qur'an there is further evidence which negates the practice of wearing "Niqab". After Allah informs Nabi (SAW) about marriage with certain relations He further reminds:
"It is not allowed to you to take women afterwards, nor that you should change them for other wives, though their beauty be pleasing to you, except what your right hand possesses and Allah is Watchful over all things." (33:52)
In the above verse it is clearly mentioned that Nabi (SAW) was also in a position to see the "Husn" i.e. Beauty of women and this clearly establishes that women not related to the Prophet did not wear "Niqab" or veils to cover their faces when they used to appear in front of him. We must realize that attributing anything to Allah which He has not ordained is a very serious action on our part. Allah has informed us through His messenger that attributing anything to Allah which He did not made as an obligation is "haraam" i.e Forbidden, as the following verse states:
"Say: Surely my Sustainer has prohibited (made haraam) indecencies, those of them that are apparent as well as those that are concealed, and sin and rebellion without justice, and that you associate with Allah that for which He has not sent down any authority, and that you say against Allah what you do not know." (7:33)
"Niqab" has not been made mandatory by any verse of the Qur’an, it is a cultural practice of pagan tribes and unbelievers. The Qur’an also identifies unbelievers who used to cover them selves up with their garments. Allah informs us through Noah:
"And whenever I have called them that Thou mayest forgive them, they put their fingers in their ears, cover themselves with their garments, and persist and are puffed up with pride." (71:7)
WHAT ABOUT "HIJAB"?
The term 'Hijab' has become synonymous these days for a specific dress
pattern of women, which is considered as an Islamic dress by many. However
the Qur'an does not use this word to denote any kind of dress pattern for
women. The type of dress code prescribed by the Qur'an for women (and men)
has been discussed earlier, and this term does not occur in the Qur'an in
that aspect. The Arabic word ‘Hijab’ comes from the root word
<Hajaba> (H-J-B) and it carries the meaning of:
A screen, Curtain, To hide, To conceal, Block from view, Wrap, Mask, To make inaccessible etc.
In the Qur'an this word has occurred only in the following verses in its root or derivative form:
7:46 , 33:53 , 38:32 , 41:5 , 42:51 , 17:45 , 19:17 , 83:15
This word has occurred in the Qur'an in the above verses only, and in none of the verses does it refer to any specific garment or dress for women or refer to any dress pattern for women. Following are translations of some of these verses:
"When thou dost recite the Qur'an We put between thee and those who believe not in the Hereafter a veil (HIJAB) invisible:" (17:45) Yusuf Ali'sTranslation
They say: "Our hearts are under veils (concealed) from that to which thou dost invite us and in our ears in a deafness and between us and thee is a screen (HIJAB-UN): so do thou (what thou wilt); for us we shall do (what we will!)" (41:5) Yusuf Ali's Translation
"Between them shall be a veil (HIJAB) and on the heights will be men who would know every one by his marks: they will call out to the Companions of the Garden peace on you : they will not have entered but they will have an assurance (thereof)." (7:46)
It should be understood that the term 'Hijab' or any of its derivatives has not occurred in the Qur'an as a designation for any specific ingredient or pattern of women’s dress.
We should strive to in-form and re-form our selves through Qur’anic guidance.
CAN WOMEN TALK TO MEN TO WHOM THEY ARE NOT RELATED (NOT MARRIED)?
In the Qur'an we have the example of Moses (p) as he is shown to hold a
conversation with two women who are not married to him yet. This
conversation clearly indicates that women can talk to men who are not
related to them, provided it is for important tasks only and not
complacent speech, as complacency in speech is not allowed by verse 33:32.
The following verses identify the conversation of Moses with the two women
who are not related to him.
"And when he came to the water of Madyan, he found on it a group of men watering, and he found besides them two women keeping back (their flocks). He said: What is the matter with you? They said: We cannot water until the shepherds take away (their sheep) from the water, and our father is a very old man. So he watered (their sheep) for them, then went back to the shade and said: My Sustainer! surely I stand in need of whatever good Thou mayest send down to me. Then one of the two women came to him walking bashfully. She said: My father invites you that he may give you the reward of your having watered for us. So when he came to him and gave to him the account, he said: Fear not, you are secure from the unjust people." (28:23-25)
The above example which depicts the conversation of a messenger of Allah with two un-married girls is a clear indicator that women can talk with men who are un related to them provided it is for important tasks only and is done within the limits ordained by Allah.
THE TESTIMONY OF A WOMAN
In Sura 2, verse 282 it is stated:
"O you who believe! when you deal with each other in contracting a debt for a fixed time, then write it down....and get two witnesses out of your own men and if there are not two men then a man and two women such as ye choose for witnesses so that if one of them gets confused or perplexed the other can remind her..." (2:282)
Why the need for two women? The verse explains the reason by stating: <an tazilla ihda_huma_ fa tuzakkira ihda_humal ukhra> "..if one of them gets confused or perplexed the other can remind her.." Here the question that comes to mind is, as to why there should be two women instead of one man? And why is it said that the women could become confused or perplexed while giving testimony? The traditionalists imply that the reason for this is that, women are less reliable and of lower mental ability then men, however this reasoning of theirs has no support from the Qur’an and is an opinion borrowed from Jewish tradition. (See Deuteronomy 22:13-21 and Numbers 5:11-31)
As far as the reliability is concerned, the Qur’an has required even of men to be two as witnesses instead of one. Does that imply that Allah does not consider men to be reliable such that the appearance and testimony of one man was not considered enough? Are both men to give evidence? This is required only so that if one of them (the men) misses any detail then the other could fill the missing information and support the testimony. In other words, it is a legal way of supporting evidence. The requirement of two men as witnesses does not imply that men are of low reliability or have deficient mental abilities. Two witnesses are required just to consolidate the evidence. Similarly, when two women were required as witnesses instead of one man, the implication should not be unreliability. It is only a way of consolidation of the evidence and not that women are less reliable.
The Quran in other situations accepts the testimony of a woman as equal to that of a man. In fact the woman's testimony can even invalidate the man's. The Qur’an ordains that if a man accuses his wife of indecent and un-chaste behavior, then he should solemnly swear five times as evidence of the wife's guilt. If the wife denies and swears similarly five times, she is not considered guilty and her testimony will invalidate that of her husband. This is stated in the following verses:
"And (as for) those who accuse their wives and have no witnesses except themselves, the evidence of one of these (should be taken) four times, bearing Allah to witness that he is most surely of the truthful ones. And the fifth (time) that the curse of Allah be on him if he is one of the liars. And it shall avert the chastisement from her if she testify four times, bearing Allah to witness that he is most surely one of the liars. And the fifth (time) that the wrath of Allah be on her if he is one of the truthful." (24:6-9)
Regarding the question, as to why a woman can become perplexed or confused while giving evidence in public (the word used in 2:282 is <tazal> which carries the meaning of perplexion or confusion.) it should be considered that in pre- Quranic societies, women were brought up in such a manner that they were incapable of expressing themselves and were inexperienced in civil affairs. The unbelievers had raised their girls in trinkets and ornaments and they were void of the ability to express themselves. The Qur’an identifies this situation:
"When news is brought to one of them of (the birth of) what he sets up as a likeness to (God) Most Gracious his face darkens and he is filled with inward grief! Is then one brought up among trinkets and unable to give a clear account in a dispute (to be associated with God)?" (43:17-18)
Even today, women in many societies are raised up in such a manner that they are incapable of expressing themselves and are very likely to get perplexed and confused if they were to appear before a court to bear testimony. It is for such a situation that the Qur’an required two women against one man to bear testimony.
Furthermore, women should not be brought up and raised in such a manner that they become incapable of expressing themselves and face the trials and tribulations of life, instead they should be well educated and conditioned to the affairs of the world so that if they are required to bear testimony, they will not become confused or perplexed and the second woman will not be required to interfere. The interference of the second woman as a partner in testimony is conditional to the first one getting perplexed. If the first woman is able to express her self eloquently then the second woman will not be required, as is evident from the following portion of the verse under discussion:
<AN TAZILLA ihda_huma FA tuzakkira ihda_humal ukhra> ".. IF ONE OF THEM gets confused or perplexed THEN the other can remind her.."
If the first one gets confused, it is only then, that the other one is required to remind her. If the first one does not get perplexed then the other will not be required to interfere.
The above should clarify that a woman’s testimony is not equal to half that of a man’s. But the Qur’an considers her testimony to be equal to that of a man’s and the requirement of two women against one man is conditional to certain situations only.
WOMEN’S PARTICIPATION IN GOVERNMENT:
The Qur’an states that one of the most important duties of the
organization of Believers which enforces the Qur’anic laws is to
"order that which is recognized by the divine laws and forbid what is
unauthentic". The Qur’an has a specific term for this duty which is
known as "amr bil maruf wa nahy an il munkar". This means
ordering all things recognized by the law of Allah as right and forbidding
all that which is un-authentic. This was among the functions of Nabi (SAW)
as he was the first leader of the Islamic state:
"He orders them with Al-Maruf (what is recognized by the divine laws) and forbids them from Al-Munkar (that which is termed unauthentic by the divine laws), and makes lawful to them the good things and makes unlawful to them impure things, and removes from them their burden and the shackles which were upon them." (7:157)
This function of ordering with Al-Maruf and forbidding from Al-Munkar, is not just a matter of mere sermons from mosques only, but the Qur’an states that this is the duty of an Islamic government:
"Those who, if We establish them in the land, establish Salat and give Zakat and order with Al Maruf (what is recognized by the divine laws) and forbid from Al-Munkar (that which is termed unauthentic by the divine laws); and Allah's is the end of affairs."(22:41)
In this most crucial responsibility of an Islamic government, the Qur’an has included men as well as women:
"And (as for) the believing men and the believing women, they are guardians of each other; they order with Al Maruf and forbid from Al Munkar and establish Salat and give Zakat, and obey Allah and His messenger; (as for) these, Allah will show mercy to them; surely Allah is Mighty, Wise." (9:71)
Thus both men as well as women run the government together in a state which is established on Qur’anic principles. Women are also to take an active part in running the affairs of the state. The Qur’an has also narrated the example of Queen Saba, who was the leader of a Nation and this implies that women are capable of being equal participants in government along side with men. See Sura 27:23-44.
GIRL’S SHARE IN INHERITANCE
Often it is cited that Islam discriminates against women by giving them a
lesser share in inheritance than their male counterparts. However this
view is not quite correct. The Qur'an has given equal share to women with
the exception of the daughter of the deceased. For just this instance we
are informed by the Qur’an that the share of a son is equal to that of
two daughters:
"Allah enjoins you concerning your children: The male shall have the equal of the portion of two females.." (4:11)
To comprehend the reason for this division, it should be understood that the Qur’an establishes a society in which responsibility of acquiring livelihood lies with the men and it is not an obligation on women to provide for her husband and family. A woman is also incapacitated during certain periods due to her natural disposition (pregnancy). It is thus apparent that a man should get a larger portion from the division of resources, as he has been laid with the responsibility of the provision of maintenance to his family. That is why, in inheritance, boy’s share has been kept twice as much of a girl. Daughters have neither been made responsible for their own, nor their family's expenditure. But on the other hand, a son has to maintain not only himself, but his wife and family as well. As such, he should be vested with a larger share.
Where the dispersion of inheritance is amidst the people of the same generation, as is the case of a brother and sister (in case the deceased was issue-less and parents were still living) each of them gets one sixth (equal).
"..and if a man or a woman leaves property to be inherited by neither parents nor offspring, and he (or she) has a brother or a sister, then each of them two shall have the sixth.." (4:12)
For parents, it is again one sixth each for mother and father.
"..and as for his parents, each of them shall have the sixth of what he has left if he has a child.." (4:11)
Therefore, it is not correct to state that the Quran has made a general rule that the woman's share is half of the man's; it is only so for sons and daughters, members of the future generation or others where the situation is similar that the male is alloted more than the female.
On the other hand, in a situation in which men are neglecting this duty of theirs and it is feared that the woman would be rendered impoverished, the Quran gives authority that, in a will, a person can divide his property as he pleases according to the dire straits of the circumstances. The division of inheritance as given in the Quran is only applicable if a person dies without leaving a will, or if his will does not cover all his whole property. Thus it is evident that apportioning a lesser share for a daughter neither lessens her rights nor degrades her status in the society as against the man.
ARE MEN A DEGREE ABOVE WOMEN?
People having a narrow look at the guidance of Allah’s Book, are often
seen intimating that men are superior to women. They back up this
statement just by a portion of verse 2:228 of Sura Al-Baqara, and do not
present the whole context, but rather reach this short sighted conclusion
and imply that Islam maintains the superiority of men against women. It is
an irony that the very verse which equates rights and obligations of
gender is usually quoted to say that men are superior to women. What they
fail to realize is that in matters of biological construction men and
women are different and have certain rights related to that aspect (i.e.
maternity leaves are for women, not men) but apart from biological
disposition, both men and women are equal according to Qur’an and both
are equally capable and responsible for developing those qualities in
themselves which the Qur’an has said are essential for believers. The
Qur’an says:
"..And they (women) shall have rights similar to the rights against them in a just manner.." (2:228)
In other words, for every responsibility given to them, they acquire a right. This is the equality they have been granted. Thus men and women have same rights as each other. The above verse continues to say:
"..and they have rights similar to the rights against them in a just manner, and the men are a degree above them.." (2:228)
It would be contradictory to conclude from the statement: "li Rijaale alayhenaa darja" "men are a degree above them" that men are superior to women, as at one hand the verse says that women and men have rights similar to each other, and the implication that men are superior, will contradict this impression.. One gender cannot be superior to another if their rights and obligations are equal. The word used by the Quran is "Daraja" meaning "degree". This "degree" can be understood easily by reviewing the whole verse. The context of this verse informs us that it deals with the conditions attached to remarriage after divorce. The verse is:
"And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs, if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation; and they have rights similar to those against them in a just manner, and the men are a degree above them, and Allah is Mighty, Wise." (2:228)
The context of the verse makes it clear that Divorcees should refrain (from remarriage) for three menstrual cycles, so that whatever has been created by Allah becomes pronounced etc, then it goes on to say that men have one advantage. This advantage given to men is that they can remarry right away and women have to wait almost three months, or more if found to be pregnant, before they can re-marry). Obviously, an advantage in a peculiar situation does not mean one is superior than the other. It is only for this reason only that men have one degree above women, because of their biological construction they do not have to wait for a stated period ("Iddah") for the purpose of getting married again upon divorce or if their spouse dies. Only in the matter of "Iddah", that men have a degree higher than women, but apart from this both have equal rights.
Following sections remain to be included in this article:
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Qur'anic Law of Pre Divorce reconciliation and Divorce
| Can a Husband beat his Wife?
| What is the age of Marriage?
| Economic rights of Women
| Gender Equity in the Qur'an
| Woman as a Mother
| Women's
struggle against forces of exploitation |
Courtesy: Islam in Cyberspace
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